Johnson v. Vermillion County Illinois
| Jeffery Johnson |
| Vermilion County Illinois |
| 2:2023cv02226 |
| October 17, 2023 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 12 JUDGMENT entered. (KE) |
TEXT ORDER entered by Judge Joe Billy McDade on 11/21/2023. Plaintiff filed #3 , a petition to proceed in forma pauperis. Plaintiff asserts therein, under oath, that he has received no income whatsoever including gifts in the past 12 months. His prisoner trust fund ledger, however, reveals that Plaintiff has had regular cash deposits to his account each of the past five months from individuals. Though these deposits have not been large amounts of money, it is the Court's job to determine when a person is entitled to proceed without prepayment of fees. Accurate reporting of finances is by litigants is mandatory.The Seventh Circuit has "held that a dismissal with prejudice is an appropriate sanction for lying to the court in order to receive a benefit from it, because no one needs to be warned not to lie to the judiciary." See, e.g., Ayoubi v. Dart, 640 F. Appx. 524, 52829 (7th Cir. 2016); see also Fuery v. City of Chicago, 900 F.3d 450, 466 (7th Cir. 2018) ("[I]t goes without saying and hardly needs citation that a court need not warn a plaintiff that it may not lie to a court."); Kennedy v. Huibregtse, 831 F.3d 441, 442 (7th Cir. 2016) (holding that district court's "decision to dismiss with prejudice was proper" where prisoner failed to disclose outside funds). On 10/30/23 the Court ordered Plaintiff to show cause why this action should not be dismissed as a sanction for Plaintiff's false sworn declarations to the Court. See Ayoubi, 640 F. Appx. At 528 (court must notify the litigant of the specific misdeed that is the basis for possible sanctions and allow the litigant an opportunity to respond prior to sanction of dismissal). Plaintiff's deadline to show cause was 11/13/23. Plaintiff has not filed a response to the Order to Show Cause. This action is DISMISSED WITH PREJUDICE as a sanction for Plaintiff's false assertions under oath regarding his request to proceed without prepayment of fees. Huibregtse, 831 F.3d at 442. All pending motions are MOOT. This action is terminated. Judgment to enter for Defendants. (KE)
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| Filing 11 +++ PRISONER TRUST FUND LEDGER (AEM) |
| Filing 10 MOTION to Request Counsel by Plaintiff Jeffery Johnson. Responses due by 11/30/2023 (AEM) |
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TEXT ORDER TO SHOW CAUSE entered by Judge Joe Billy McDade on 10/30/2023. Plaintiff filed a Petition to Proceed in Forma Pauperis #3 . Plaintiff asserts, under oath, that he receives $15 per month from his prison job. He further swears that he has received no income whatsoever including gifts in the past 12 months. His prisoner trust fund ledger #9 , however, reveals that Plaintiff has had regular cash deposits to his account each of the past five months from individuals. The Seventh Circuit has "held that a dismissal with prejudice is an appropriate sanction for lying to the court in order to receive a benefit from it, because no one needs to be warned not to lie to the judiciary." Ayoubi v. Dart, 640 F. Appx. 524, 52829 (7th Cir. 2016); see also Fuery v. City of Chicago, 900 F.3d 450, 466 (7th Cir. 2018) ("[I]t goes without saying and hardly needs citation that a court need not warn a plaintiff that it may not lie to a court."); Kennedy v. Huibregtse, 831 F.3d 441, 442 (7th Cir. 2016) (holding that district court's "decision to dismiss with prejudice was proper" where prisoner failed to disclose outside funds); Coleman v. Calumet City, 754 F. Appx. 468, 469 (7th Cir. 2019) ("District courts may impose appropriate sanctions, including dismissal of a complaint with prejudice, against litigants who file in forma pauperis applications that contain intentional misrepresentations."); David v. Wal-Mart Stores, Inc., 669 F. Appx. 793, 795 (7th Cir. 2016) ("[D]ismissal with prejudice is an appropriate sanction whenever a plaintiff deceives the district court in an application for pauper status."); Lofton v. SP Plus Corp., 578 F. Appx. 603, 604 (7th Cir. 2014) ("Dismissal with prejudice is an appropriate sanction when a plaintiff tries to deceive the district court by falsifying an IFP application."); Thomas v. Gen. Motors Acceptance Corp., 288 F.3d 305, 30608 (7th Cir. 2002) (upholding dismissal with prejudice as sanction for litigant who lied about income on IFP application). "Before exercising its inherent authority to sanction misconduct, a court must notify the litigant of the specific misdeed that is the basis for possible sanction and allow the litigant an opportunity to respond." Ayoubi, 640 F. Appx. At 528. Plaintiff is directed to show cause by 11/13/23 why this action should not be dismissed with prejudice as a sanction for Plaintiff's false statements, made under penalty of perjury to this federal Court, in his Petition to Proceed in Forma Pauperis #3 . (KE)
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| Filing 9 +++ PRISONER TRUST FUND LEDGER (AEM) |
| Filing 8 Letter Requesting Trust Fund Ledger. Trust Fund Ledger due by 10/31/2023. (KE) |
| Filing 7 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Joe Billy McDade. Effective immediately, all documents should be mailed or scanned to the Peoria Division,100 NE Monroe Street,Peoria,IL 61602.Merit Review Deadline set for 11/6/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 6 Case transferred in from District of Illinois Northern; Case Number 1:23-cv-14122. . |
| Filing 5 TRANSFERRED to the Central District of Illinois, Urbana Division, the electronic record. (jh, ) |
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Filing 4
ORDER: This action is transferred to the United States District Court for the Central District of Illinois, Urbana Division, for imposition of a filing fee and whatever other action the transferee court deems appropriate. The Clerk shall transfer the action forthwith. The case is terminated on this Court's docket. Signed by the Honorable Jorge L. Alonso on 10/11/2023. Mailed notice (jh, )
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| CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3). (jg, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jg, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff (jg, ) |
| Filing 3 APPLICATION by Plaintiff Jeffery Johnson for leave to proceed in forma pauperis (jg, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (jg, ) |
| Filing 1 RECEIVED COMPLAINT by Jeffery Johnson (Envelope postmarked 9/19/2023) (jg, ) |
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| Plaintiff: Jeffery Johnson | |
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| Defendant: Vermilion County Illinois | |
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